Legal Question in Family Law in Illinois

I have a post divorce hearing next week. I petitioned the court due to ex not complying with terms of MSA. I can show proof of most of the items in question except for his "extra pay" and bonus. I have reason to believe he will not tell the truth of how much he gets. How do I prove how much he received? Do I ask the judge for an order to produce docs (pay stubs etc) at the hearing or can I request a suponea duces tecum myself? If the later, does it get sent to the ex or to his employers? Do I request docs sent to me or directly to court? If I have prooved my case, what do I want the Judge to actually do when he asks?


Asked on 10/11/17, 8:02 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Assumoing your case is in Cook county, the rule (13.3.1) requires each of you to compete Financial Affidavits, with copies of your last few years tax returns. .That would include his W-2s. It is a little late to serve discovery - the other side would have 28 days to answer any discovery. You might be able to subpoena his employer to produce in court his payroll records,

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Answered on 10/11/17, 11:19 am


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